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i <br /> e <br /> n <br /> 2 <br /> Engineers (the owner and operator of Jordan Lake) and the <br /> State. The draft contract also generally adheres to <br /> provisions contained within the rules adopted by the NC <br /> Environmental Management Commission (Section .0500 of the <br /> NC Administrative Code) to govern allocations of Jordan <br /> Lake's water supplies. One exception is that the <br /> Administrative Code provides for refund of payments made <br /> by holders of allocations in the event that the EMC decides <br /> to reassign or reapportion allocations. The draft contract <br /> provided by the state makes no such provision. <br /> RECOMMENDATION: The Manager recommends that the Board: a) review the <br /> draft contract provided by the state; b) authorize the <br /> Chair, the County Manager and the County Attorney to <br /> devise modifications - including a provision for <br /> reimbursement of payments of interest and/or principal <br /> in the event that the EMC reapportions or reassigns the <br /> County's allocation - to the contract as required to <br /> secure accord among the parties to the contract, <br /> insofar as all modifications are consistent with the <br /> intent of the approved contract; c) authorize the Chair <br /> to sign and execute the contract; and d) authorize <br /> staff to remit payment for the allocation from the <br /> funds that have been set aside for that purpose. <br /> AJLC0823.doc <br />